HomeMy WebLinkAboutDR17-0019 RESOLUTION NO.DR17-0019
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A DESIGN REVIEW PERMIT DR17-0019
TO CONSTRUCT FIVE (5) DETACHED THREE STORY BUILDINGS
TOTALING 50,362 SQUARE-FEET CONSISTING OF 62 UNIT
APARTMENT UNITS WITH ASSOCIATED PARKING AND OPEN
SPACE ON APPROXIMATELY 1.5 ACRES LOCATED AT 260-270
BROADWAY
WHEREAS, on May 16, 2017, a duly verified application for a Design Review Permit
was filed with the City of Chula Vista Development Services Department by Silvergate Raya
Broadway Investors, LLC (Applicant); and
WHEREAS, the application requests approval of a Design Review Permit to allow
construction of five (5) detached, three story buildings totaling 50,362 square-feet consisting of
62 apartment units with associated parking and open space on approximately 1.5 acres (Project);
and
WHEREAS, the area of land which is the subject of this Resolution is an existing
parcel located at 260-270 Broadway(Project Site); and
WHEREAS, the Development Services Director has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has detennined that the
proposed Project was adequately covered in the previously adopted Urban Core Specific Plan
Final Environmental Impact Report and Mitigation Monitoring and Reporting Program FEIR 06-
01, certified by the Chula Vista City Council in May 2007. Thus, no further environmental
review is required; and
WHEREAS, the Director of Development Services set the time and place for a hearing
on the Design Review Permit application, and notice of the hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City and its mailing to
property owners and residents within 500 feet of the exterior boundaries of the property at least
10 days prior to the hearing; and
WHEREAS,, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter
closed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby makes the following findings:
1. That the proposed Project is consistent with the development regulations and design
guidelines of the Urban Core Specific Plan and other applicable regulations contained
in the Chula Vista Municipal Code.
PC Resolution DR 17-0019
March 14,2018
Page 2
The proposed Site is designated Urban Core (UC-13 & UC 14) and is permitted for residential
use. The Project is in compliance with the Urban Core Specific Design Guidelines and is
consistent with the Chula Vista Municipal Code. The Applicant is proposing to build a total
of 62 units. Each unit either includes an open parking space and/or parking spaces located
within the carports. Enhanced architectural details are proposed along the street elevations
and the layout of the Site provides for a pedestrian oriented design in accordance with the
Urban Core Specific Plan Design Guidelines. Along Broadway is a linear plaza area with
pedestrian street lights, street trees, public art, seating, planter areas, and bicycle parking.
Other open space areas are provided in private balconies and patios. Each unit is provided
with either a balcony or a patio. A total of 99 parking spaces are required for the residential
units. The project proposes 99 spaces. The total building height is 31-ft., the maximum
building height in accordance with the guidelines is 60-ft. The floor area ratio and setback
requirements are subject to the UC-13 & UC-14 zone. The Project meets the zone
requirements.
2. That the proposed Project is consistent with the design requirements and
recommendations contained in Chapter VII - Design Guidelines of the Urban Core
Specific Plan.
The proposed Project architecture features a modern architectural design that is eclectic and
exemplifies and contributes to the dynamic revitalization and vibrancy along Broadway. The
building mass is articulated by horizontal and vertical plane offsets, including balconies,
which provide variety and interest and are highlighted by accent colors and materials that
break up the roof lisle. The building facades also include a variety of building materials and
colors, including wall panel cladding, metal wall accents, decorative vertical trespa screen
wall and perforated panel guardrails provided around the entrances and patio/balcony areas,
varying building facades and building offsets were added along the exterior elevations to
avoid a monotonous design. The overall design, form and scale of the building fit within the
guidelines of the Urban Core Specific Plan's Urban Core District and set a strong precedent
for ftrture development planned along Broadway.
In regard to the requested street frontage exception, the required findings are made as follows:
1. The proposed developnnent will not adversely affect the goals and objectives of the Specific
Plan and General Plan.
The goals and objectives of the General Plan and Specific Plan are not adversely affected by
the Project. The Project as proposed implements the General Plan and Specific Plan by
providing a residential use on Broadway. The intent of the General and Specific Plans is to
facilitate and encourage development and improvements that will help realize the
community's vision for the Urban Core area. The Urban Core and the UC District are
envisioned to be vibrant, forward-thinking but respectful of its past and alive with thriving
businesses, attractive housing and entertainment, cultural and recreational activities. The
Urban Core Vision aims to create a uniquely identifiable Urban Core for Chula Vista that is
an economically vibrant, pedestrian-oriented and multi-purpose destination. The proposed
Project meets the goals and objectives because it brings improvements and community
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benefits to an area of Broadway which is currently under-performing and not living up to the
stated vision of the Specific Plan. This project has the potential to spur additional
development along the Broadway corridor with additional community and economic
benefits.
2. The proposed development will comply with all other regulations of the Specific Plan.
As indicated in the Development Standards table, the Project complies with all other
development standards and regulations of the Specific Plan, except for the 50% street wall
frontage requirement. The building has a maximum height of 31 feet, which is under the
maximum permitted by the Urban Core Specific Plan (UCSP). The Project provides all the
required parking on-site. Open space and landscaped areas are also provided in excess of the
minimum required. The building fonn respects the properties in the adjacent residential
zones to the north, south and west of the Site by locating the building closer to Broadway and
providing the parking spaces adjacent to the residents. The building design orients balconies
towards the courtyards in between buildings and not towards the adjacent properties.
Landscaping has been placed along the perimeter.
3. The proposed development will incorporate one or more of the Urban Amenities Incentives
in Section F- Urban Amenities Requirements and Incentives, of this chapter.
Street Wall Frontage
This finding refers to the Urban Amenities Table of the UCSP, which presents a wide variety
of urban amenities either required or desired within the Urban Core District. The table
describes whether these amenities are required by the USCP (or other regulations) or whether
provision of these elements will be encouraged through incentives. One of the incentives
provided in the UCSP is to provide a public plaza. The UCSP requires a minimum of 50% of
the street wall frontage for buildings along Broadway to be located at the property line. The
Applicant is proposing the entire building wall frontage along Broadway to maintain a 4-ft.
and 6-ft. setback. By providing a qualifying amenity and applying the incentive provisions
through the findings, the proposed Project may deviate from the 50% street wall frontage
requirement and allow the building to be located further beyond the property line. The
amenity provided by the Project is listed below followed by a brief description.
• Public Plaza — A 1,274 square-foot linear public outdoor open space, provided with
benches, bicycle parking, pedestrian lighting, and public art along Broadway. This allows
50% of the building wall frontage to not be placed along the property line, and provide a
four(4) foot setback instead.
One of the important features of the Project is the public plaza located along Broadway,
along the entire frontage of the Project. The plaza is located outside the building and
represents a valuable outdoor public space that is accessible to and can be used by the
building residents, customers of the adjacent commercial uses, or by the general public. This
feature will offer a passive recreational space for people to congregate and interact, and
create neighborhood activity. The Plaza represents a public benefit and a positive addition to
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the Project, which is considered an appropriate justification for the deviation to the 50%
building wall frontage. The proposed 4-ft. setback of the building is designed to provide a
greater buffer and privacy between the residential unit's bedroom window or patio area from
the street.
4. The exception or exceptions are appropriate for this location and will result in a better
design or greater public benefit than could be achieved through strict conformance with the
Specific Plan development regidations.
The Project's linear plaza is appropriate for an urban residential development. The addition
of the linear public plaza in lieu of the four (4) foot building setback along Broadway would
allow the Project to comply with the goals and objectives of the General Plan and Specific
Plan by providing a pedestrian friendly environment and activate the street. Even though the
building is placed four (4) feet behind the property line, the three (3) story building will still
provide a desirable building form along Broadway. The proposed 4-ft. setback of the
building is designed to provide a greater buffer and privacy between the residential unit's
bedroom window or patio area from the street, while still maintaining distance away from the
adjacent residents to the north, south, and west. The proposed development creates a people
activated, urban area that contributes to the City's goal of"Complete Streets" and enhances
the public realm through improved streetscape design and individual building character.
General Plan policy calls for additional residential development within the UC District to
support the existing and future commercial development.
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above,
hereby approves the Design Review Permit subject to the following conditions:
L The following shall be accomplished to the satisfaction of the Director of
Development Services, or designee, prior to issuance of Building Permits, unless
otherwise specified:
Planning Division
1. The Site shall be developed and maintained in accordance with the approved plans, which
include site and landscape plans, floor plan, and elevation plan on file in the
Development Plamzing Division, the conditions contained herein, and Chula Vista
Municipal Code ("Municipal Code"or"CVMC") Title 19.
2. Prior to, or in conjunction with the issuance of the first Building Permit, the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees for
deposit account DQ-3378.
3. The colors and materials specified on the building plans must be consistent with the
colors and materials shown on the site plan and materials board approved by the Planning
Commission.
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4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted for any building and wall plans. Additionally, the Project shall conform to
Section 9.20.055 of the Municipal Code regarding graffiti control.
5. All roof appurtenances, including air conditioners and other roof mounted equipment
and/or projections, shall be shielded from view and the sound buffered from adjacent
properties and streets. Such screening shall be architecturally integrated with the
building design.
6. All ground mounted utility appurtenances such as transformers, AC condensers, etc.,
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walls, berming, and/or landscaping.
7. All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the architectural plans
8. The Applicant shall obtain approval of a sign permit for each sign. Signs shall comply
with all applicable requirements of the Municipal Code.
9. Prior to the issuance of any site development pen-nit (Demolition, Grading, Building
Permit), the Applicant shall obtain a final closure letter in accordance with the Subsurface
Assessment Phase 2 Report, from the County of San Diego Department of Environmental
Health noting the underground storage tank and all contaminations have be removed from
the site.
Land Development Division/Landscape Architecture Division
10. The following fees may be adjusted based on the final Building Plans submitted
a. Sewer Connection and Capacity Fees
b. Traffic Signal Fees
c. Public Facilities Development Impact Fees (PFDIF)
d. Western Transportation Development Impact Fees (WTDIF)
e. Other Engineering Fees as applicable per the Master Fee Schedule.
11. Additional deposits or fees in accordance with the City Subdivision Manual, and Master
Fee Schedule will be required for the submittal of the following items:
a. Grading Plans
b. Constriction Permit
12. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is
required in accordance with CVMC 17.10.100. The current PAD fee for West Chula
Vista Projects is $7,825 for Multi-Family. The PAD fee is adjusted on an annual basis on
October 1 based on the Engineer Construction Cost Index. The payment of the PAD fee
amount in place at the time of the issuance of first Building Pen-nit is required. The PAD
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March 14,2018
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fee for the Project at this time is $ 485,150 (62 @ $7,825/unit). Credit will be awarded
for existing buildings on the site.
13. The Applicant shall submit duplicate copies of all commercial, industrial or multifamily
Projects in digital format, such as (DXF) graphic file, on a CD or through e-mail based on
California State Plane Coordinate System (NAD 83, Zone 6) in accordance with the
City's Guidelines for Digital Submittal. DXF file shall include a utility plan showing any
and all proposed sewer or storm drain on site.
14. All driveways shall conform to the City of Chula Vista's sight distance requirements in
accordance with Section 12.12.120 of the Municipal Code. Also, landscaping, street
furniture, or signs shall not obstruct the visibility of drivers at the street intersections or
driveways.
15. Proposed Fire Access shall meet H-20 Loading requirements or shall be designed for a
Traffic Index (T.I.) of 5.
16. Streets or driveways within the Project shall be designated as private.
17. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork,
activities at the site in accordance with Municipal Code Title 15.04. The Applicant shall
submit Grading Plans in conformance with the City's Subdivision Manual and the City's
Development Storm Water Manual requirements, including, but not limited to the
following:
a. Grading Plans shall be prepared by a registered Civil Engineer and approved by
the City Engineer.
b. Drainage Study and Geotechnical/Soils Investigations are required with the first
submittal of Grading Plans. The Drainage Study shall calculate the Pre-
Development and Post-Development flows and show how downstream
properties and storm drain facilities are impacted. Design shall incorporate
detention of storm water runoff if Post-Development flows exceed Pre-
Development flows; analysis shall include flows from 2 year, 10 year, and 50
year return frequency storms.
C. Drainage study shall also demonstrate that no property damage will occur
during the 100-year storm event.
d. Drainage study shall show any offsite flows.
e. All onsite drainage facilities shall be private.
f. Any offsite work will require Letters of Permission from the offsite property
owner(s).
18. On May 2013, the California Regional Water Quality Control Board for the San Diego
Region (SDRWQCB) reissued municipal storm water, National Pollutant Discharge
Elimination System permit (Municipal Separate Storm Sewer Systems Order No. R9-
2013-0001 and as amended by Order Nos R9-2015-0001 & R9-2015-0100 [MS4 Permit])
that covered its region.
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19. The Project shall comply with all requirements of the MS4 Permit and City of Chula
Vista Best Management Practices (BMP) Design Manual, December 2015 and as
amended (BMP Design Manual) for both construction and post-construction phases of
the Project. Documentation shall be provided, to the satisfaction of the City Engineer, or
designee,to demonstrate such compliance.
20. The MS4 Permit and BMP Design Manual requires all development and redevelopment
standard projects to implement source control and site design BMPs that will minimize
the generation of pollutants (refer to Chapter 4 of the BMP Design Manual). A Standard
Project Storm Water Quality Management Plan (Standard Project SWQMP) must be
submitted for review & approval. All selected BMPs in the approved SWQMP shall be
incorporated into the project design, and shall be shown on the plans.
21. The MS4 Permit BMP Design Manual requires all development and redevelopment
Priority Development Project (PDP) to implement source control, site design and
structural pollutant control BMPs to reduce the discharge of pollutants (refer to Chapter 4
& 5 of the BMP Design Manual, and address potential hydromodification impacts from
changes in flow and sediment supply(refer to Chapter 6 of the BMP Design Manual).
22. All constriction sites are required to implement Construction BMPs in accordance with
the performance standards outlined in Appendix K of the BMP Design Manual. In
general:
a. For projects disturbing one (1) acre or more requires coverage tinder and
compliance with the Constriction General Permit (CGP), the constriction BMPs
must be identified in a Storm Water Pollution Prevention Plan(SWPPP).
23. A PDP Storm Water Quality Management Plan (PDP SWQMP) must be submitted with
all back up documentations for review and approval by the City Engineer, or designee.
Storm water requirements directly affect the layout of the Project. Therefore, storm water
requirements must be considered from the initial project planning phases, and will be
reviewed with each submittal,beginning with the first submittal.
24. Permanent storm water requirements, including site design, source control, treatment
control, and hydromodification control BMPs, all as shown in the approved PDP
SWQMP, shall be incorporated into the project design, and shall be shown on the plans.
The Applicant shall provide sizing calculations and specifications for each BMP. Any
structural and non-structural BMP requirements that cannot be shown graphically must
be either noted or stapled on the plans.
25. A complete and accurate Notice-of-Intent (NOI) must be filed with the SWRCB for
projects covered under the CGP. A copy of the acknowledgement from the SWRCB that
a NOI has been received for this Project shall be filed with the City Engineer when
received. Further, a copy of the completed NOI from the SWRCB showing the Permit
Number for this Project shall be filed with the City Engineer when received.
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26. The Applicant shall enter into a Storm Water Management Facilities Maintenance
Agreement to perpetually maintain all permanent BMPs located within the Project prior
to issuance of any Grading, Construction or Building Permits, whichever occurs first.
27. The Applicant shall submit a detailed Operation & Maintenance (O&M) plan for all
permanent BMPs as required by the City Engineer to preserve the intended pollution
control and/or flow control performance of the BMP. Upon completion of construction
of BMPs/project, the Applicant shall update/finalize the O&M Plan to reflect constructed
structural BMPs with as-built plans and baseline photos.
28. If the Project's total on-site improvements exceed Engineering Threshold of (currently:
$57,653.00),per CVMC, Section 12.24.030, then the Applicant shall be required to obtain
a Construction Permit from the Land Development Section of the Department of
Development Services. (The On-Site Improvements Trigger for Installation of Public
Improvements is adjusted on an annual basis on July 1 based on the Engineer
Constriction Cost Index, See Attachment). A Construction Permit is required to perform
the following work in the City's right-of-way, which may include, but is not limited to:
(For Commercial, Industrial and Multifamily Residential, the following applies: 1. Limits
the cost of reconstructing existing street improvements to meet current standards to
25%of the building permit valuation. 2. Requires Americans with Disabilities Act (ADA)
pedestrian improvements in the right of way, if any are lacking or substandard. The
required ADA improvements would be limited to 20%of the building permit valuation.)
a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk
per SDRSD G-2, and G-7 along the project's frontage to the satisfaction of the
City Engineer. Sidewalks shall be designed and constricted with proper
transitions to existing conditions.
b. Removal and replacement of existing driveway(s) meeting design standards as
shown in Chula Vista Construction Standard CVCS-1B. Current Driveway(s)
shall be replaced, if it does not meet the City of Chula Vista Design
Standards/ADA Standards, or if existing driveway is cracked or broken.
Dedication of R/W as needed in order for driveway to comply with (American
Disability Act) ADA requirements.
c. Installation of(2) sewer manhole per SDRSD S-2 is required at the connection of
the 6" sewer lateral to the main public sewer line. Please revise plans accordingly.
d. Installation of the proposed 18" RCP in Broadway along project frontage together
with the connection to 30" downstream. Also proposed 18" RCP is not to our
standards; a bigger pipe will be needed.
29. A complete set of Signing and Striping Plans shall be included with the Street
Improvement Plans for review by Traffic Engineering.
30. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
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31. Any improvements in the right-of-way beyond the Project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City
Engineer, or designee.
32. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 1.8.17.170 of the Municipal Code.
33. The Applicant shall provide sewer lateral and storm drain comZections to existing public
utilities. The Public Works Operations Section will need to inspect any existing sewer
laterals and connections that are to be used by the Project. The Applicant shall replace
any laterals and connections that need replacement as a result of this inspection.
34. The Applicant shall provide a separate sewer lateral for each dwelling unit. Sewer
laterals are not allowed under any proposed buildings.
35. For the proposed private sewer facilities, manholes shall be used where 6" mains or
larger are connected to public sewer.
36. The onsite sewer and stone drain system shall be private. All sewer laterals and stone
drains shall be privately maintained from each building unit to the City-maintained public
facilities.
37. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, ADA Standards, and CVMC
Title 24 standards, as applicable.
38. Prior to approval of any Engineering Entitlement or issuance of any Building Permit, a
Lot Consolidation will be required in order to avoid existing Parcel lines beneath
proposed structures, and in order to avoid Reciprocal Easements for access, parking and
drainage.
39. Any private facilities (if applicable) within the public right-of-way or City easement will
require an Encroachment Permit prior to Improvement Plan or Building Permit approval.
40. All utilities serving the subject property and existing utilities located within or adjacent to
the subject property shall be under grounded in accordance with the CVMC. Further, all
new utilities serving the subject property shall be under grounded.
41. The Applicant shall submit full landscape and irrigation plans for review and approval by
the City's Landscape Architect.
42. The Applicant shall provide pedestrian street lighting and street trees along Broadway per
the Urban Core Specific Plan. Location and details of light pole and street trees shall be
provided on the Building Permit and Street Improvement permit.
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Fire Department
43. The Applicant shall apply for required Building Permits. Permits shall comply with
applicable codes and requirements, including but not limited to: the current edition of
California Title 24 as adopted and amended by the City of Chula Vista.
44. For 15,828 square feet of Type VB construction (largest building on site), this will
require a fire flow demand of 3,000gpm for 3 hours measured at 20psi.
45. Based upon a fire flow demand of 3,000gpm a minimum of 3 fire hydrants are required to
serve this Project. All exterior portions of the buildings shall be within 400 feet of a fire
hydrant. Hydrants shall be spaced at an average of 400 feet. Existing public hydrants can
be used to meet this requirement however based upon existing locations of hydrants, 2
new public hydrants will be required to be added at the driveway entrances along
Broadway. No on-site fire hydrants required if public hydrants are placed at the driveway
entrances (design choice).
46. The fire control rooms shall house the fire sprinkler system riser. The fire service
underground piping cannot run under buildings.
47. Fire apparatus access roads shall be provided for every facility or building and shall
extend to within 150 feet of all portions of the facility and all portions of the exterior
walls of the first story of the building as measured by an approved route around the
exterior of the building.
48. Fire apparatus access road dimensions shall be a minimum of 20 feet in width and have
an unobstructed vertical clearance of 13 feet 6 inches. For turning radius dimensions, use
auto turn data provided by the Chula Vista Fire Department (CVFD).
49. This Project is to be protected throughout by an approved automatic fire sprinkler system
in accordance with NFPA 13.
50. Each building shall be provided with a fire control room designed in accordance with
CVFD standards.
51. This Project is to be protected throughout by an approved fire alann system.
52. The Applicant shall submit the required performance deposit fee.
II. The following on-going conditions shall apply to the Project Site as long as it relies
on this approval:
1. The Applicant shall install all landscaping and hardscape improvements in
accordance with the approved Landscape Plan.
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2. Approval of the Design Review Permit shall not waive compliance with any sections
of Title 19 of the Municipal Code, nor any other applicable laws and regulations in
effect at the time of Building Permit issuance.
3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend
and hold harmless City, its City Council members, Planning Commission members,
officers, employees and representatives, from and against any and all liabilities,
losses, damages, demands, claims and costs, including court costs and attorney's fees
(collectively, liabilities) incurred by the City arising, directly or indirectly, from (a)
City's approval and issuance of this Design Review Permit, (b) City's approval or
issuance of any other permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated on the Project Site and (c) any environmental
determinations for the Project. The Property Owner and Applicant shall acknowledge
their agreement to this provision by executing a copy of this Design Review Permit
where indicated below. The Property Owner's and Applicant's compliance with this
provision shall be binding on any and all of the Property Owner's and Applicant's
successors and assigns.
4. This Design Review Permit shall become void and ineffective if not utilized within
three years from the effective date thereof, in accordance with Section 19.14.600 of
the Municipal Code.
III. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN
that the 90-day period to protest the imposition of any impact fee, dedication,
reservation, or other exaction described in this resolution begins on the effective date
of this resolution and any such protest must be in a manner that complies with Section
66020(a) and failure to timely follow this procedure will bar any subsequent legal
action to attack, review, set aside, void or annul imposition. The right to protest the
fees, dedications, reservations, or other exactions does not apply to planning, zoning,
grading, or other similar application processing fees or service fees in connection
with this project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges
to any fees for which the statute of limitations has previously expired.
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IV. EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same.
Upon execution, t Zis document shall be signed and returned to the City's Development
Services Depart1t.
41
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Signature of Vperty Owner Da'e
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Printed Name of Property Owner Da e
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Signature of Applicant Date
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V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terins, the City shall have the right to revoke or modify
all approvals herein granted, deny, or further condition issuance of all future building
permits, deny, revoke, or further condition all certificates of occupancy issued under the
authority of approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. Failure to satisfy the
conditions of this permit may also result in the imposition of civil or criminal penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is
dependent upon the enforceability of each and every teen, provision and condition herein
stated; and that in the event that any one or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect.
PC Resolution DR 17-0019
March 14,2018
Page 13
Present Approved as to fo by:
Kelly B"roeighton
Director of Development Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 14th day of March 2018, by the following vote, to-wit:
AYES: Anaya, Burroughs, Calvo, Gutierrez, Milburn, Zaker
NOES: n/a
ABSENT: Nava
ABSTAIN: n/a
Y A
Gabor Uutierrez, Chair
ATT ' T:
Patricia Laughlin, Secretary /Yf
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